Our legal experts will keep you up to date on all relevant and current developments.

shutterstock_165123551 (Unfinished Building Works)
Nov 4, 2019 12:52:03 PM / by John Wakefield & Rui Chi posted in Dispute Resolution and Litigation

In the recent decision of Mann & Anor v. Paterson Constructions Pty Ltd [2019] HCA 329 on 9 October 2019, the High Court clarified the circumstances in which a restitutionary claim on quantum meruit will be available to a contractor who has elected to terminate the contract for the other party's repudiation, in relation to entire contracts and separable portion contracts.

shutterstock_524156644 (Duty of Care)
Oct 9, 2019 3:29:14 PM / by Nicholas Gordon posted in Insurance

The NSW Supreme Court recently delivered an interesting judgment in the matter of Hossain v Unity Grammar College Limited & Ors [2019] NSWSC 1313.

shutterstock_777193192 (GDPR)
Oct 4, 2019 10:01:00 AM / by Tal Williams posted in Business Corporate & Commercial

As many readers will be aware, the European Union General Data Protection Regulation (GDPR) came into effect in May 2018. Since the introduction of the regulation, there have been a range of interesting developments, some of which this piece takes a close look at.

shutterstock_1064933888 (1)
Sep 27, 2019 9:58:43 AM / by Holman Webb posted in Business Corporate & Commercial Insurance

Holman Webb's Insurance Team is delighted to invite readers to attend our upcoming October insurance breakfast seminar. 

Sep 25, 2019 4:31:58 PM / by Corinne Attard posted in Franchising & Retail

Readers may recall that in January 2019, Ultra Tune Australia was hit by the Federal Court with a massive penalty of $2.6 million for breaches of the Franchising Code of Conduct - with this penalty including $1.1 million for breaches of disclosure obligations. Holman Webb previously reported on this matter.

A point of significance for other Australian franchisors was that the Federal Court judge stated that the standard financial statements for the marketing fund were not sufficient for Code purposes, and that sending out the marketing fund audit statements outside the required time frames were additional breaches, each attracting a penalty.

Further to this, the fact that Ultra Tune had 5 marketing funds (and a large number of franchisees) cumulatively meant there was a multiplier effect, which subsequently lead to an increase in the penalty.

shutterstock_385704088 (Data Breach, Laptop)
Sep 25, 2019 11:42:32 AM / by Tal Williams posted in Business Corporate & Commercial Technology Law

Many readers will be aware that the mandatory data breach reporting requirements in Australia have been in operation since February of 2018. In September last year Holman Webb reported on the statistics provided by the Office of the Australian Information Commissioner relating to the quarter ending July 2018.

So, how are things looking 18 months into the operation of the mandatory reporting regime?

The statistics show that:

shutterstock_1240092271 (Liquidation, Insolvency, Creditors, Debt)
Sep 23, 2019 2:28:00 PM / by Shane Roberts and Sam Marsh posted in Business Corporate & Commercial

In the 2018 Federal Budget, the government announced that it proposed to reform relevant legislation so that regulators could more efficiently curtail illegal phoenix activity.

These announcements have now been acted upon, and on 13 February 2019, the Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 ('the Illegal Phoenixing Bill') was introduced into Parliament. The proposals in the Bill include giving ASIC, liquidators, and the ATO new powers to help deter and disrupt illegal phoenix activities and prosecute culpable directors and associated persons.

shutterstock_1059086732 (Phone, LinkedIn, Social Media)
Sep 19, 2019 9:37:43 AM / by Grace Gunn posted in Workplace Relations

There are a wide range of factors that both employers and employees must take into consideration when ending an employment relationship. Whilst many points on the "end-of-employment checklist" are simple to action and take place without issue, one increasingly common point of contention is the question of what happens to the LinkedIn connections formed by an employee in the course of their employment.

Sep 12, 2019 4:43:14 PM / by Natasha Miller posted in Insurance

As the tide goes out on the Motor Accidents Compensation Act 1999 ('MACA'), the Supreme Court has at last clarified a contentious issue in Section 73 of the MACA, which relates to the late making of claims.

shutterstock_585894143 (Construction, Workplace)
Sep 12, 2019 10:18:46 AM / by Ethan Brawn posted in Workplace Relations

There have been recent concerns surrounding the maintenance of acceptable safety standards in labour hire between employers and host employers. As these arrangements can be complex, Safe Work Australia has released a compliance guide under work health and safety laws - Labour hire: duties of persons conducting a business or undertaking.

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